Rahul Kumar @ Rahul Sah Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Rahul Kumar @ Rahul Sah Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner, if arrested or surrendering within six weeks, to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned C.J.M., Araria, in connection with Raniganj P.S. Case No. 360 of 2023, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether the petitioner, apprehending arrest in Raniganj P.S. Case No. 360 of 2023 dated 13.09.2023 for the offence punishable under Section 392 IPC, should be enlarged on anticipatory bail.

Court's answer

Application allowed: the petitioner, in the event of his arrest or surrender within six weeks, is to be enlarged on anticipatory bail on furnishing a bail bond of Rs. 20,000 with two sureties of the like amount each, to the satisfaction of the learned C.J.M., Araria, in connection with Raniganj P.S. Case No. 360 of 2023, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Anticipatory bail — S. 392 IPC — Raniganj P.S. Case No. 360 of 2023 (Thana-Raniganj, District Araria), FIR dated 13.09.2023 — Allegation that on 12.09.2023 at about 9.00 P.M. four miscreants on two motorcycles looted the informant's mobile at weapon-point, snatched Rs. 5,300/- from his friend Satendu Mandal, assaulted them with the butt of the weapon and took the motorcycle — Petitioner not named in the FIR; implication said to rest on the confessional statement of co-accused Rajveer Kumar, from whose possession the looted motorcycle was recovered; nothing incriminating recovered from the petitioner; one criminal antecedent disclosed — HELD: petitioner to be enlarged on anticipatory bail upon arrest or surrender within six weeks, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria, subject to the condition under S. 438(2), Code of Criminal Procedure — Application allowed (Chandra Prakash Singh, J.; order dated 20-05-2024).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28388 of 2024

Arising Out of PS. Case No.-360 Year-2023 Thana- RANIGANJ District- Araria

======================================================

Rahul Kumar @ Rahul Sah, aged about 37 years, Gender-Male, Son of Panchanand Sah @ Panchu Sah, R/o Village- Barmotra, P.S.- Bhargama, Dist.- Araria.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Tarun Shekhar, Advocate For the Opposite Party : Mrs. Asha Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

2 20-05-2024

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Raniganj P.S. Case No. 360 of 2023 dated 13.09.2023 for the offence punishable under Section 392 of the I.P.C.

As per the prosecution case, on 12.09.2023 at about 9.00 P.M., while the informant alongwith his friend Satendu Mandal was going to their house, Banmankhi, Purnea, on the way, four miscreants riding on two motorcycles overtook them and on the point of weapon, looted the informant’s mobile from

Patna High Court CR. MISC. No.28388 of 2024(2) dt.20-05-2024 2/3

his pocket and also snatched Rs. 5300/- from the pocket of his friend and on protest, the accused persons assaulted with the butt of the weapon and thereafter they also took the informant’s motorcycle and fled away.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. The petitioner is not named in the F.I.R. His name has sprung up in the present case on the basis of the confessional statement of the co-accused Rajveer Kumar and from whose possession the looted motorcycle was recovered. Nothing incriminating article has been recovered from possession of the petitioner. The petitioner has one criminal antecedent as stated in paragraph no. 3 of the bail application.

Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Araria in connection with Raniganj P.S. Case No. 360 of 2023, subject to

Patna High Court CR. MISC. No.28388 of 2024(2) dt.20-05-2024 3/3

the condition as laid down under Section 438(2) of the Code of

Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J)

U.K./- U T